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Alimony and veterans disability

Discussion in 'Alimony & Spousal Support' started by Flheim, Feb 3, 2017.

  1. Flheim

    Flheim Law Topic Starter New Member

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    Jurisdiction:
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    My wife is demanding 50% of my Veterans disability and sad. I did agree to quick deed the paid off house to her and let her have all furniture. She does not work only because she does not want to. Now she says she is disabled but is denied everyone she applies and sad lawyers also refuse her case because she is not disabled. Can she get everything and half of my disability?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    If you let her.

    Why the hell did you give up the house without consulting an attorney?

    Get one now, before you end up on the freeway entrance holding a sign.
     
  3. army judge

    army judge Super Moderator

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    The "disability" you mentioned, what is the funding source of the funds you receive?
    How long were you married to the woman?
    The questions and your answers are necessary so that I can provide you with an accurate answer.
     
  4. Flheim

    Flheim Law Topic Starter New Member

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    I am a disabled veteran so I guess one is the Veterans administration and the other is Social Security disability. We have been married for 33 years.. hope this helps students you.
     
  5. Flheim

    Flheim Law Topic Starter New Member

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    I have a lawyer and did from the beginning and all this was given to her on his recommendation! I have paid him many thousands and the bills keep going up! He just said says let her have it ?
     
  6. army judge

    army judge Super Moderator

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    You need a new lawyer, one that represents and protects your interests.

    However, she's not entitled to one dollar of your disability benefits.

    If you received military retirement income, she'd get 50%.

    I suggest you stop talking to her, and learn to say NO, if you hire a new lawyer.

    You probably no longer need a lawyer, just change your telephone number, and stop communicating with THAT NASTY WOMAN.
     
    Disabled Vet likes this.
  7. Disabled Vet

    Disabled Vet Active Member

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    Listen to Army Judge... She can't touch a VA RATED DISABILITY..... It's considered non income. It can't even be touched for child support.
     
  8. Flheim

    Flheim Law Topic Starter New Member

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    Thank you for this input. Is there a law on the books that I can give to my lawyer so possibly he will understand? I did get the wrong lawyer but too late now, I owe him too much. Again thank you.
     
  9. Disabled Vet

    Disabled Vet Active Member

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    Uniformed Services Former Spouses’ Protection Act


    Under the Uniformed Services Former Spouses’ Protection Act, VA disability payments are exempt from being treated as marital property and cannot be divided as part of a divorce.

    Now.... with that being said. The court can still award spousal support, child support based off your income.
     
  10. Flheim

    Flheim Law Topic Starter New Member

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    Thank you so much. My daughter is 30 years old so no child support issues. I would never have an issue in taking care of my childvanyway.
     
  11. Flheim

    Flheim Law Topic Starter New Member

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    I informed my Lawyer on Friday that I have removed all offers from the table. Since she refused them because she wants my money it was never agreed upon. So she does not have the house, cars, furniture or anything as of this time. But I see all that as "stuff" just refuse to giver her my money. She states all the time how she hates this country, she flesh flags upside down etc. I beg her to move to North Korea and see how much happier she can be.
     
  12. Disabled Vet

    Disabled Vet Active Member

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    LOL... Maybe offer her a plane ticket..
     
  13. Flheim

    Flheim Law Topic Starter New Member

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    Only income is veterans and ssc disability.
     
  14. army judge

    army judge Super Moderator

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    Yes, we know.
    My friend, adjusterjack (I believe) was simply reinforcing the point, that she can't legally get one dollar of your current income.

    On the other hand, if you were stupid, she might have gotten 50% of your income, and your home.

    You paid your lawyer thousands of dollars to give you advice that could destroy you financially, and you got the right information here for FREE.

    Drop a dollar or two in veterans charity, or any other charity, if you wish, mate.

    You no longer have to communicate with that NASTY woman.
     
  15. Flheim

    Flheim Law Topic Starter New Member

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    I promise to do this. I donate regularly to the American Legion I know they give 100% of donations to help our brothers and sister veterans. For this assistance I will make a special donation. If you want I will let you know the outcome. We go to court soon she is seeing me for alimony since I would not give her any. I just hope the judge follows the laws you stated! Again thank you so much.
     
  16. army judge

    army judge Super Moderator

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    Yes, we're always pleased to learn of the outcomes.
    In FL, this law firm makes sure males get an equal shake:
    ...
    Florida Alimony Attorney | The Men's Divorce Law Firm, Orlando, FL | Divorce Attorney | Winter Park, Orlando, Central Florida Lawyer | Men's Divorce Law Firm
    ...

    Florida law on spousal maintenance, as its no longer called ALIMONY, does permit a spouse to be awarded a sum to bridge the gap between divorce and the rest of her/his life.
    Any spousal maintenance paid is intended to be rehabilitative, i.e., intended to get the person to a position where he or she can take care of expenses without assistance, after the marriage has been extinguished.

    Now, this is where it could get GOOD for you, brother.

    You have been declared disabled by the VA.

    I suggest you have some fun with this, tweak her nose, so to speak.

    Instruct your lawyer to cross-claim for spousal support on YOUR behalf.

    You stand a better chance of receiving the award than a lay about, leech, deadbeat that never worked during the marriage, and wants to bleed you after the marriage.

    The other win-win for YOU, brother, is that if she's awarded something, your counter-claim award could offset hers.

    Effectively, if she wins, you win, neither of you take a dime.

    But, you didn't want or need a dime.
    She does, and this could thwart her greedy efforts.
    Even if you were awarded $600 a month, and she were awarded $300, you could just let it go.
    The award would, however, become the "garlic necklace" to ward off the vampier's future attempts to suck more of your life's blood.

    Please, keep us informed, and I'm pulling for you.
    You're the good guy in this one, brother.
     
    Disabled Vet likes this.
  17. ElleMD

    ElleMD Well-Known Member

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    If you were married 33 years and she did not work because she was a homemaker, prepare to have to either pay her something or give her something of value in the divorce. While she *could* get a job, a 50+ year old woman who has been out of the workplace for over 30 years, if she was ever in it, is not going to have an easy time finding employment. No court is going to send her away with no home, no income, and nothing of value after 33 years of marriage while you collect benefits and keep the house and assets.
     
  18. Flheim

    Flheim Law Topic Starter New Member

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    Well I got an apartment, took name off of all utilities and informed my "lawyer ". He told me I was incorrectly informed and she can be rewarded up to 50% of my Veterans disability income and the same for my social security disability income. He also said I need to stop listening to outside sources and I am being told false information and my actions taken will most likely hurt me. We are now going to court for a temporary alimony judgement against me in May. He told not to be surprised if I loose half of my total income and I should have not changed utilities or moved out. I just made every worse hemail said.

    Now what?
     
  19. army judge

    army judge Super Moderator

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    How old are you, sir?
    How old is the woman?
    Are you both US citizens?

    By the way, had any of us known you had a lawyer, our responses would have been: Sorry talk to your lawyer.

    We don't want to get into we said, your lawyer said.

    So, I'll remind you, so far none of those negative things have happened to you, right?

    The old opera quote comes to mind: The opera isn't over until the obese one sings!

    Hold on, my friend, hold on.

    I won't bad mouth a fellow brother or sister at the bar, ethics don't allow me to do so.
    I will say that most lawyers know very little CORRECT stuff about military and VA pensions.

    Read the info on this site, and then relax. I can imagine you're stressed, but please read this. If it doesn't clear it up for you, I'll give you MORE such sites:
    ...
    ...
    VA Disability Compensation and Divorce – Facts and Fallacies | Veterans Today
    ...
    ...
    4. Q. Is there a loophole in the law that allows the judge to consider my ex-husband’s VA disability compensation as a divisible asset in a divorce?

    A. No. Federal law – in particular, the Uniformed Services Former Spouses’ Protection Act, found at 10 U.S.C. 1408 – exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property.


    ...
    ...

    The best is yet to come.

    Many people get military retirement pay and veterans disability pay confused.
    Chapter 42USC governs one, chapter 38USC the other.
    Also, alimony and child support are two different critters.
    If I were you, I'd talk to, not suggesting you change lawyers, just talk to two lawyers who specialize in VA disability and military personnel, assuming you can find two.
     

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